Los Angeles Family Lawyer Blog

Litigation is simply not good for the majority of divorcing couples, and it is cost prohibitive for most. Divorce lawyers should strive to work together until negotiations either result in an agreement or break down and require litigation. Those divorce lawyers who enter a case with all guns blazing are the ones who make the process worse for the family, spend all the money, and alienate everyone--including the general public. Pure collaboration that prohibits any form of litigation is probably not as effective as having the ability to enforce discovery or good behavior through litigation, and it becomes very expensive if lawyers have to be changed out in order to go into litigation. The family doesn't necessarily "end" at divorce; it is important to do what is fair and to maintain some relationships for the sake of the children--"winning" and "losing" are terms that don't always apply to divorce law.
I always try to keep litigation costs down as much as possible and negotiate with the opposing party and attorney.

-RoseAnn Frazee

If you cannot afford an attorney to represent you in a marriage dissolution but your spouse can afford an attorney, then you need to call the Law Offices of Frazee/Laron. Frazee/Laron will seek the payment of attorneys' fees from the spouse holding the financial means to afford an attorney. The legislative goal of Family Code Section 2030(a)(1) is to ensure that each party has access to legal representation to preserve each party's rights. As stated in a recent case, Alan S. v. Superior Court: "[T]he purpose of section 2030 is not the redistribution of money from the greater income to the lesser income party. Its purpose is parity: a fair hearing with two sides equally represented. The idea is that both sides should have the opportunity to retain counsel not just (as is the usually the case) only the party with greater financial strength."

For example, In Marriage of Smith, Case No. E047535 (4th Dist., Div. 2 June 8, 2010) (unpublished), wife and husband filed for marriage dissolution in 2001 after having two children. Dissolution proceedings showed that husband had a much higher monthly income as compared to wife. Wife claimed she had incurred attorney's fees of $85,000 compared to husband's fees of $150,000. She requested a "needs based" award (under Family Code sections 2030). Even though noting the downward trend in the economy that negatively impacted husband's income and cash flow, the lower court nevertheless awarded that the wife's fees would be paid by husband in the sum of $62,300, payable at $2,000 per month.

Last year a woman called me from a woman's shelter and asked if I could represent her even though she had no money. In time I was able to secure her a $500,000 settlement enabling her to return to nursing school and purchase a home.

-RoseAnn Frazee

The quick answer: It depends on the case. In Los Angeles Superior Court, 90121 Family law cases were filed from January-December 2008 according to the Monthly Filings and Dispositions Report prepared by the Los Angeles Superior Court Statistics Section. There are not enough family law attorneys to handle all of those cases. In addition, each case is different: (1) some parties have been married a few years when others have been married for years and years; (2) some parties have children whereas other parties never had children; (3) both parties worked in some cases but the other spouse did not work and took care of the children instead; (4) some parties have obtained assets during the marriage; others do not have very many assets; and the list goes on. Adult citizens have each their own set of problems, cultures and characteristics.

As a result, the Los Angeles Superior Court and published books provide limited self-help services for those who cannot afford an attorney or who are educated enough to understand the forms and process, can read and speak English well and can represent themselves and do not have spousal or children support or asset issues. Even then, such self-help can be fraught with danger, and the parties should be cautious.

However, many issues arise where an attorney is essential. Attorneys have many skills not available to the lay person. All family law attorneys are skilled in evidence presentation. It is important that evidence may be considered by the judge; otherwise, the evidence never gets before a judge. Family law attorneys have (1) experience with many different cases not just your one case, (2) sometimes experience before a certain judge, (3) many volumes of case law, treatises and practice guides, (4) usually have an objective view of your case rather than the emotional cloud of a party, and many more skills that a lay person cannot compete with such skills.

In addition, lay persons can be confronted with unanticipated problems and complications that a skilled attorney will see before such an event happens and can recommend remedial measures before the occurrence. Unfortunately, we have seen too many clients get harmed by unanticipated complications in which the harm has already happened, and it is oftentimes impossible or impractical for an attorney to rescue the party after the fact. Most, if not all, complicated divorces should be handled by attorneys to minimize damages to a party in this life-altering process of divorce. Give us a call for a free consultation at frazeelaron.com for more information.

RoseAnn Frazee
Pasadena Family Law Attorney

As a Pasadena Family Law Attorney, I see the frustrations that many parents have when their day in court does not go as planned. Many people think you can simply come back into Court and argue the same issues. Unfortunately, for many who get unfavorable decisions, they usually must wait a full six months before they re-petition the Court, and only if there is a substantial change in circumstances to warrant a second look at the issues.

There is another alternative, but it can be difficult. A person can file a Motion for Reconsideration of the Issues if they do not agree. However, there are two major hurdles that must be overcome. 1) The Motion must be filed within 10 days of the prior Hearing that is not agreed upon. 2) The Reconsideration must be based on new facts, circumstances, or law that were not known at the time of the prior hearing.
Essentially, this translates to the reality that if a situation develops after the hearing that greatly changes the fairness of the situation for one parent, it is already too late. Also, if that parent could have or should have brought up a changed fact, law, or circumstance, then it is their fault and they typically will have no relief. This is often the source of much frustration for not only people who represent themselves, but attorneys as well.
The lesson learned is that plan carefully your arguments, as a second bite at the apple may be harder to come by than you think. Let an experienced Pasadena Family Law Attorney at Frazee/ Laron assist you in fighting for your rights without wasting your time.

Kirk Laron
Pasadena Family Law Attorney

A recent case greatly affects the rights of Los Angeles residents, Carmona v. Carmona (9th Cir. 2008) 544 F.3d 988, by providing strong protections for an ex-wife (or ex-husband for that matter) that was a beneficiary of her ex-husband's retirement account. Where the husband later married his present wife and tried to switch his retirement to his present wife, the Court ruled that there was no reversing the benefit to the ex-wife if that retirement had become payable during the prior marriage.

Even when there is waiver language in the Marital Settlement Agreement, the Court will not replace the former spouse who is already locked in under a Qualified Joint and Survivor Annuity under ERISA.

However, the plan must be an ERISA regulated plan. What is interesting to note is that even if both parties somehow attempt a later agreement in a Qualified Domestic Relations Order, the Court will not give it any power. Simply put, once the ex-spouse retires and the prior spouse is named on that ERISA Retirement Plan, the deed is done. The rights are irrevocably vested! If you are concerned about your divorce and how things will end up, do not hesitate to contact the Offices of Frazee/ Laron.

Kirk Laron
Los Angeles Family Law Attorney

Many parents in Los Angeles think that they can simply make an agreement as to how much Child Support needs to be paid. While Spousal Support can often be decided by agreement amongst the parties, Child Support must be based on certain mandated factors that the Court must consider. Those factors are known as guideline support and are as follows:

• The income that both parents either earn or are able to earn.
• Actual time spent with each child
• How many children there are that qualify for support
• Tax filing status based on each parent's tax returns
• Health Insurance coverage
• Additional sources of money that help support the children
• Retirement Contributions that are mandated and not by choice
• Additional costs for the benefit of the child such as Daycare, Tutoring, etc.

Many times, parents think they can simply get an attorney to come into Court and make their own rationale for appropriate Child Support, but this is totally false. The Judical Officer must abide and consider these factors specifically or that Judicial Officer subjects themselves to an embarrassing appeal.

The real attorney's worth comes in making sure the Court is accurately and thoroughly informed about these factors, and is able to demonstrate why the current facts of the case no longer supports the Court's last Order due to a change in circumstances, law, or facts of the case. Contact a Family Law attorney in Los Angeles in order to get a straightforward, no nonsense consultation to see if your Child Support needs to be re-opened to your benefit.

Kirk Laron
Los Angeles Family Law Attorney